N.M. Admin. Code § 16.63.13.8

Current through Register Vol. 36, No. 1, January 14, 2025

Section 16.63.13.8 - PROCEDURES

Upon receipt of a complaint against any person licensed under the Social Work Practice Act, Sections 61-31-1 to 61-31-24 NMSA 1978 the board may refer the complaint to the complaint committee.

A. The complaint committee shall review and investigate or cause to be investigated all complaints received by the board. Complaints shall remain confidential while investigations are pending and shall not be a matter of public record until the board takes disciplinary action pursuant to N.M. State. Ann. Section 61-31-17 NMSA 1978, as amended, and this part.

B. Upon completion of the investigation initiated pursuant to this part, the complaint committee or the board shall submit to the board those matters it feels justify further disciplinary action.

C. The board may offer the licensee an informal type of discipline such as a letter of reprimand in lieu of initiating formal proceedings. The board shall notify the licensee:

(1) that a letter of reprimand has been officially proposed;

(2) that the respondent must accept or reject the offer in writing;

(3) that if accepted, a copy of the reprimand will remain in the private files of the board; and

(4) that if rejected, formal disciplinary action pursuant to the Uniform Licensing Act Sections 61-1-1 to 61-1-31 NMSA 1978 will be initiated.

D. If accepted, the letter of reprimand shall be personally issued to the licensee by the chairperson of the board at the next scheduled board meeting and served on the licensee by certified mail. Copies of the reprimand will be furnished to members of the board and to the board's attorney.

E. If a licensed social worker voluntarily surrenders their license or allows their license to expire in anticipation of, or during the course of an investigation, the complaint committee will complete its investigation and report the findings to the national database. Any publication or notification of action taken by the board of social work examiners will include the fact that the licensee voluntarily surrendered or allowed their license to expire during the investigation.

N.M. Admin. Code § 16.63.13.8

6/22/92, 1/5/95, 5/1/99; 16.63.13.8 NMAC - Rn, 16 NMAC 63.13.8, 06/19/02, Adopted by New Mexico Register, Volume XXXIII, Issue 05, March 8, 2022, eff. 3/13/2022